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Results for unfair dismissal

Showing 153-160 of 321 results
Ronald Thomas Shea v STLand Contracting Limited (in liquidation) [2026] NZERA 420 - dismissed by phone without a process

Ronald Shea's hours at STLand Contracting fell sharply before he was told by phone that there was no more work for him. He also alleged bullying and an unsafe workplace, while the employer had undertaken no redundancy or dismissal consultation.

Matched passage: Employee Unfair Dismissal Case Form Read the full ERA determination (embedded) If the embedded PDF does not load on your device, use the button below to open it in a new tab.
Fiona Scott v Ritchies Transport Holdings Limited [2026] NZERA 342 - casual bus driver found to be permanent and unjustifiably dismissed

Fiona Scott signed a casual agreement with Ritchies but in practice regularly drove urban bus routes. After disciplinary issues arose, the employer relied on the casual characterisation and later ended her work, raising questions about her real status and the justification for dismissal.

Matched passage: ... issues: casual versus permanent employment; removal of shifts; no further shifts offered; dismissal by cessation of work; first written warning; toilet break route deviation Dismissal outcome: unjustified dismissal established Disadvantage outcome: first written warning was ...
Shaoqiang Chen v Wen Hui Lin [2026] NZERA 307 - cash-paid cook unjustifiably dismissed, minimum wage arrears and penalties ordered

Shaoqiang Chen worked long hours as a cook at Beached As Takeaways, was paid cash below lawful rates and later had his employment ended. The case involved employer identity, minimum-wage and holiday entitlements, record failures and the justification for dismissal.

Matched passage: ... employer; cash payment; no written employment agreement; permanent or temporary employment; unjustified dismissal; bullying; minimum wage arrears; public holidays; alternative holidays; annual holidays; PAYE; mitigation; penalties Outcome: unjustified dismissal established; ...
Angus Jowitt v Gokula Music Limited [2026] NZERA 297 - music shop worker dismissed by text after coffee dispute; wage arrears, holidays, compensation and penalties ordered

Angus Jowitt worked in a music shop under a disputed contractor-or-employee arrangement and was paid cash below the rate the employer accepted had been agreed. After a conflict over work and coffee, the employer later relied on resignation rather than dismissal.

Matched passage: Unjustified dismissal remedies Lost wages: one month, $2,970 Mr Jowitt was entitled to consideration of lost wages because he had established a personal grievance for unjustified dismissal.
Noel Jr Camacho v North Beach Limited [2025] NZERA 824 - 90-day trial clause held ineffective because probation and trial terms conflicted; employee may bring PG

North Beach relied on a 90-day trial clause to argue Noel Camacho could not bring an unjustified-dismissal grievance, but the same employment agreement also contained a probation clause that conflicted with the trial wording.

Matched passage: Preliminary issues can be determinative: a failed trial clause means the employer is back in the ordinary dismissal justification framework.
Shubanghi Kaushal v Ambridge Rose Manor [2025] NZERA 818 - misconduct, medical/incapacity; what the ERA decided and what was ordered

Healthcare assistant Shubanghi Kaushal was suspended and then summarily dismissed after an incident the employer characterised as serious misconduct. The ERA examined the incident in context, an existing final warning and whether dismissal was within the range open to a fair and reasonable employer.

Matched passage: ARML failed to adequately consider alternatives to dismissal because it had closed its mind to options short of dismissal.
Invalid trial period clause, no process, and wage record failures - Shania Mortimer v Auckland Steam 'N' Dry Limited [2025] NZERA 808; $30,087.30 ordered (lost remuneration and distress compensation)

Shania Mortimer was dismissed by Auckland Steam 'N' Dry under a purported trial period. The dispute concerned whether the trial clause was legally effective, whether any dismissal process occurred, and the employer's wage and record-keeping compliance.

Matched passage: Employee Unfair Dismissal Case Form Read the full ERA determination (embedded) If the embedded PDF does not load on your device, use the button below to open it in a new tab.
BLIGNAUT v WASTE MANAGEMENT NZ LIMITED [2025] NZERA 560 - The personal grievance for unjustified disadvantage was upheld.

Mr Blignaut challenged Waste Management's treatment of him during a workplace conflict, including alleged bullying, suspension and pressure to resign, before he was ultimately dismissed for alleged serious misconduct. The ERA considered both the pre-dismissal disadvantage claims and the termination itself.

Matched passage: Practical takeaways Dismissal justification is assessed through s 103A: what a fair and reasonable employer could have done in all the circumstances.

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